Argentina: Health and social services available to individuals with HIV/AIDS; whether such individuals are subject to restrictions on housing or employment; circumstances under which an HIV/AIDS test is mandatory; provisions to protect the confidentiality of the results of such tests; degree of social stigma encountered by individuals known or presumed to suffer from HIV/AIDS (2000 - June 2001)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 10 July 2001 |
| Citation / Document Symbol | ARG37093.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Argentina: Health and social services available to individuals with HIV/AIDS; whether such individuals are subject to restrictions on housing or employment; circumstances under which an HIV/AIDS test is mandatory; provisions to protect the confidentiality of the results of such tests; degree of social stigma encountered by individuals known or presumed to suffer from HIV/AIDS (2000 - June 2001), 10 July 2001, ARG37093.E, available at: https://www.refworld.org/docid/3df4be0c18.html [accessed 6 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to the Pan-American Health Organization (PAHO), the Argentinean health care system is composed of three principal elements:
A public sector, publicly financed and maintained; ... a compulsory social security sector, organized on the basis of obras sociales insurance plans; and ... a private sector, financed by voluntary prepaid insurance plans based on estimates of actuarial risk or direct fee-for-services.
The public or official sector provides health services through the network of public health facilities. At the present time the provincial and municipal services, which possess the nation's most extensive infrastructure, provide services to: i) low-income groups without social security coverage and those who have limited access for geographic or other reasons; ii) the beneficiaries of obras sociales plans; iii) social groups with a greater ability to pay, who are attracted by institutional prestige; and iv) people affected by emergencies and accidents ...
Obras sociales plans are a compulsory social security system and are financed by worker and employer contributions. Many of them do not provide services directly but rather subcontract to the private sector ...
The private sector is made up of the professionals and private health care facilities that provide independent services for private patients with the ability to pay, those affiliated with obras sociales plans, or users of the EMP [prepaid health care entities]. It is estimated that more than 200 EMP are in operation, concentrated essentially in the large cities (2 Nov. 1998).
Under the terms of federal laws such as 2.445, adopted in 1995, and 24.754, adopted in 1996, private health care providers, including obras sociales and EMPs, are obliged to accept new subscribers suffering from HIV/AIDS, and must provide them with medical, psychological and pharmaceutical treatment for the disease (Proyecto de Control de SIDA y ETS 2001a; Universidad Nacional de Rosario 19 June 2001).
State programs and services
In addition to the enactment of these laws, the federal government has adopted a number of measures to prevent HIV infection among members of the country's population (Página/12 14 June 2001; IGDD Oct. 2000), to ensure that treatment is available to those who are already infected (ibid.), and to prevent HIV/AIDS-related discrimination (Universidad Nacional de Rosario 19 June 2001).
These measures include the establishment of the National Program for the Fight Against AIDS (Programa Nacional de Lucha contra el SIDA) (Argentina 2001). Operating under the authority of the federal ministry of health, the Program is mandated to promote actions which lead to an improvement in the quality of HIV/AIDS-related medical treatment and laboratory analyses; to carry out education and communication initiatives among high risk populations; and to undertake disease surveillance (ibid.).
With financial assistance from the World Bank, the ministry of health also established the AIDS and STD Control Project (Proyecto de Control de SIDA y ETS, LUSIDA) in 1997 (ibid.; Proyecto de Control de SIDA y ETS 2001b). Focusing primary attention on those regions with the greatest number of HIV/AIDS cases, namely the City of Buenos Aires, the Province of Buenos Aires, Santa Fe and Córdoba, LUSIDA is active in five principal areas: monitoring and evaluation; social communication; implementation of educational programs to prevent the transmission of AIDS and other sexually transmitted diseases (STDs); strengthening of the public health sector's capacity to deal with HIV/AIDS; and the disbursement of funds to non-governmental organizations (NGOs) implementing HIV/AIDS prevention or control projects (ibid.; Argentina 2001). In May 2001, LUSIDA launched a "massive" (masivo) public information campaign involving the use of posters, television and radio commercials, newspaper advertisements and a toll-free hotline (Página/12 14 June 2001). Targeted populations include young people between the ages of 13 and 24, women in their child-bearing years, and those at risk of infection through sexual contact and injection drug use (ibid.).
The ministry of health, through its HIV/AIDS Coordinating and Executive Unit (Unidad Coordinadora y Ejecutora en VIH/SIDA), also coordinates the country-wide distribution of anti-retroviral drugs and drugs to combat opportunistic infections to those suffering from HIV/AIDS (Clarín 8 May 2001; Universidad Nacional de Rosario 19 June 2001). Patients are not charged for these drugs; the costs are borne either by obras sociales or EMPs or, in the case of individuals who have no medical coverage, by the state (Clarín 8 May 2001). In May 2001, 17,615 individuals were receiving these drugs to treat their condition free of charge (ibid.).
Services provided by non-governmental organizations
In addition to HIV/AIDS treatment and testing services available in public and private health facilities (Ciudad Autónoma de Buenos Aires n.d.; ADUS 2000), non-governmental organizations also provide a range of services to those suffering from the disease; examples follow.
Several organizations offer information and advice to individuals with HIV/AIDS and their family members (PAHO 1999). These include the Buenos Aires AIDS Foundation (Fundación Buenos Aires SIDA) and the Argentinean Gay-Lesbian Integration Society (Sociedad de Integración Gay-Lesbica Argentina, SIGLA) in the City of Buenos Aires; Convhivientes in Lomas de Zamora, Buenos Aires; the Quillahue Foundation (Fundación Quillahue) in Rio Negro; and the Inter-Disciplinary Centre for Prevention of Sexually Transmitted Diseases and AIDS (Centro Interdisciplinario de Prevención de Enfermedades de Transmisión Sexual y SIDA, CIPRESS) in Santa Fe (ibid.).
Numerous organizations also provide individual and group counselling to HIV/AIDS sufferers (ibid.). These include the Oro Community Civil Association (Asociación Civil Comunidad Oro), the Committee for the Defence of Health, Ethics and Human Rights (Comité para la Defensa de la Salud, la Etica y los Derechos Humanos, CODESEDH), the Buenos Aires AIDS Foundation and Family Members, Friends and People Living with HIV/AIDS (Familiares, Amigos y Personas que Viven con VIH/SIDA, FAP VIH+) in the City of Buenos Aires; Filovitae in Bernal, Buenos Aires; Friends of Tanta (Amigos de Tanta) in Mar del Plata, Buenos Aires; and the Sol Association (Asociación Sol) in Córdoba (ibid.).
A number of organizations offer HIV/AIDS sufferers legal advice and representation (ibid.). Organizations active in this area include CODESEDH, the Argentinean Homosexual Community (Comunidad Homosexual Argentina, CHA), the Descida Foundation (Fundación Descida) and the Nexo Group (Grupo Nexo) in the City of Buenos Aires; the Intilla Civil Association (Intilla Asociación Civil) in Tigre, Buenos Aires; the Coordinating Agency for the Defence and Promotion of Sexual Minorities' Rights (Coordinadora para la Defensa y Promoción de los Derechos de las Minorías Sexuales, Homo Sapiens) in Mar del Plata, Buenos Aires; Ca'Usay in Tucumán; and the CIPRESS and Volunteers Against AIDS (Voluntarios contra el SIDA) in Santa Fe (ibid.).
Several organizations provide accompaniment services to those living with HIV/AIDS, for example to facilitate access to anti-retroviral drugs (ibid.). Organizations offering such services include the SIGLA in the City of Buenos Aires; Go Back to Living (Volver a Vivir) in San Fernando, Buenos Aires; and Sharing Our Lives (Compartiendo Nuestras Vidas, COMNUVID) in Salta (ibid.). In addition, the Nexo Group in Buenos Aires maintains a supply of AIDS drugs which are available free of charge in emergencies (ibid.).
A number of NGOs offer individuals suffering from HIV/AIDS shelter or home support services (ibid.). These include the Querubines Association (Asociación Querubines) in Boulogne, Buenos Aires; the Friends of Tanta in Mar del Plata, Buenos Aires; the Anti-AIDS Foundation (Fundación contra el SIDA) in Chubut; and the Sol Association in Córdoba (ibid.).
Assessment of the availability and quality of HIV/AIDS-related services
Among the sources consulted by the Research Directorate, criticism of the Argentinean state response to the HIV/AIDS pandemic is focused principally on alleged problems in the distribution of AIDS medication (Servicios de Tercer Sector Nov. 1999), inadequate attention paid to AIDS prevention (IGDD Oct. 2000; Servicios de Tercer Sector Nov. 2000), and lack of sufficient funding being made available to the non-governmental sector (ibid.).
For example, Nora Revsin of the Network Foundation (Fundación Red), a Buenos Aires-based organization active in AIDS education and the training of health professionals working with HIV/AIDS patients, claimed that two basic problems compromising the effectiveness of measures to fight the disease are the lack of a consistent supply of AIDS drugs, and the absence of well-targeted community-based prevention programs (ibid.). In November 1999, journalist and AIDS activist Marta Dillon claimed that while NGOs are attempting to meet the needs of HIV/AIDS sufferers not addressed by the state, their efforts are compromised by a lack of resources (ibid. Nov. 1999). Dillon further claimed that AIDS drugs distributed through the ministry of health are time-consuming to obtain or are not consistently available in some parts of the country (ibid.). In correspondence dated 19 June 2001, a research scientist specializing in infectious diseases at the National University of Rosario (Universidad Nacional de Rosario) who has also worked as an AIDS consultant in public hospitals for 11 years, indicated that while the drug distribution system in Argentina has numerous defects, it works reasonably well, and ensures that all those who would like to make use of the drugs are able to do so.
With regard to non-state health care providers' treatment of those living with HIV/AIDS, the CHA claimed in its 1999 annual report, without citing specific examples, that a number of EMPs had failed to provide services to HIV-positive individuals or had refused to accept them as clients (2000). According to the Rosario-based Institute for Gender, Law and Development (Instituto de Género, Derecho y Desarollo, IGDD), despite obras sociales and EMPs' obligation to provide their members with AIDS-related health services, this coverage is "limited" (escaso) (Oct. 2000).
In addition to legislation which outlaws workplace discrimination (PAHO Dec. 1999), a number of measures have been undertaken by the federal government to protect the privacy of HIV/AIDS sufferers and to prevent discriminatory acts against them (Proyecto de Control de SIDA y ETS 2001a). For example, under the terms of Article 2 of Law 23.798, which outlines actions to be implemented by the state to prevent the spread of HIV/AIDS, it is declared that none of the measures adopted should affect the dignity of the person nor produce any effect of marginalization, stigmatization, degradation or humiliation (Argentina 20 Sept. 1990).
AIDS testing and the protection of privacy
Furthermore, Law 23.798 states that AIDS tests can only be administered with an individual's consent (ibid.; Proyecto de Control de SIDA y ETS 2001a). However, there are three situations in which an AIDS test is mandatory: in the case of individuals making organ donations; in the case of individuals donating blood or blood products destined for transfusion or other therapeutic use; and in the case of immigrants wishing to reside in Argentina (Argentina 20 Sept. 1990; Fundación Huesped 2001). In all cases in which an AIDS test is performed, the law stipulates actions that must be taken in order to protect the confidentiality of results (Argentina 20 Sept. 1990). These include a test regime in which individuals are identified only by a code consisting of their initials and date of birth, and by a directive prohibiting physicians from revealing test results to colleagues in all cases except when such information is needed to provide better patient care (Universidad Nacional de Rosario 19 June 2001; Argentina 20 Sept. 1990).
Workplace discrimination
A number of laws are in place, at both the federal and provincial levels, outlawing discrimination in the workplace (PAHO Dec. 1999). Furthermore, under the terms of federal Law 20.744, individuals dismissed by their employers without just cause are entitled to payment of one month's salary for each year of service rendered (ibid.). According to the National University of Rosario research scientist, it is illegal for managers to dismiss or deny employment to individuals on the basis of an AIDS test result, with offenders subject to large fines (19 June 2001). However, the research scientist added that in many instances employees forced to undergo an AIDS test do not pursue legal action against their employer for fear of being publicly exposed, despite the fact that this fear is in the majority of cases "irrational" (irracional) (ibid.).
In November 1999, Marta Dillon indicated that employers continue to demand AIDS tests from job applicants (Servicios de Tercer Sector Nov. 1999). This information was corroborated by the Argentinean Homosexual Community, which claimed in a report published in the year 2000 that the practice of demanding AIDS tests from current and prospective employees is becoming increasingly common in the workplace.
Discrimination in housing
No information on difficulties experienced by people living with HIV/AIDS in obtaining or retaining housing could be found among the sources consulted by the Research Directorate. According to the National University of Rosario research scientist, housing discrimination is "categorically" prohibited by Law 23.798 (19 June 2001). Furthermore, under the terms of the International Covenant on Civil and Political Rights, a treaty to which Argentina is a signatory, individuals have the right to choose freely their place of residence within the territory of the state (PAHO Dec. 1999).
Societal attitudes towards those living with HIV/AIDS
A number of reports refer to societal attitudes towards HIV/AIDS sufferers; examples follow.
On 31 October 1999, the Buenos Aires newspaper Página/12 claimed that members of the lower social classes are often reluctant to undergo an AIDS test for fear of discrimination, with such individuals worrying that an HIV diagnosis would lead to "social death" (muerte social).
In November 1999, AIDS activist Marta Dillon claimed that people with HIV/AIDS suffer discrimination at the hands of both institutions and individuals. For example, she indicated that HIV-positive individuals continue to be blamed for having contracted the disease, and that it is "practically impossible" for people suffering from HIV/AIDS to obtain a loan (Servicios de Tercer Sector Nov. 1999). Furthermore, she claimed that the situation is "much worse" (mucho peor) in the interior of the country, with individuals in Tucumán for example being served by personnel wearing "little less than asbestos suits" (poco menos que con trajes de amianto) (ibid.).
On 19 June 2001, the National University of Rosario research scientist indicated that while discriminatory attitudes towards those suffering from HIV/AIDS persist among members of the population, "discrimination is officially not tolerated in Argentina and is punishable under the law" (ésta discriminación no es tolerada oficialmente en Argentina y está penada por la ley). The research scientist also stated that, in his opinion, people living in the country's large cities, such as Buenos Aires, Rosario, Córdoba, Mendoza and Mar del Plata, have a "positive attitude" (actitud positiva) towards those infected with HIV (ibid.). While the research scientist indicated that the rural population may be less tolerant towards such individuals, he noted that almost all of the country's AIDS cases are concentrated in the largest urban centres (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
ADUS. 2001. "¿Dónde puedo hacerme el test?"
Argentina. 2001. "Areas del Ministerio de Salud de la Nación comprendidas por la SSPPP."
_____. 20 September 1990. Ley 23.798.
Ciudad Autónoma de Buenos Aires. n.d. "Programa de rumores y de amores ."
Clarín [Buenos Aires]. 8 May 2001. "Cómo es la política en la Argentina."
Comunidad Homosexual Argentina (CHA). 2000. Informe Annual 1999.
Fundación Huesped. 2001. "Apuntes sobre la ley de SIDA."
Instituto de Género, Derecho y Desarollo (IGDD). October 2000. "Derechos reproductivos de la mujer en Argentina: un reporta sombra."
Página/12 [Buenos Aires]. 14 June 2001. Horacio Cecchi. "La pasarela fue para las travestis."
_____. 31 October 1999. Pedro Lipcovich."
Pan-American Health Organization (PAHO). December 1999. Digesto de leyes nacionales y provinciales de la República Argentina sobre VIH/SIDA.
_____. 1999. Catálogo de organizaciones no gubernamentales (ONG's) dedicadas al SIDA en Argentina.
_____. 2 November 1998. Argentina: Profile of the Health Services System.
Proyecto de Control de SIDA y ETS (LUSIDA). 2001a. "Legislación."
_____. 2001b. "Proyecto de Control de SIDA y ETS."
Servicios de Tercer Sector [Lomas de Zamora]. November 2000. "SIDA."
_____. November 1999. Andrés Osojnik. "Marta Dillon."
Universidad Nacional de Rosario. 19 June 2001. Correspondence from research scientist.
Additional Sources Consulted
Asociación Civil Solidaridad entre Argentinos (SOLDAR)
Comité para la Defensa de la Salud, la Etica y los Derechos Humanos (CODESEHD)
Fundación para la Promoción de la Salud Humana (PROSALUD)
IRB databases.
Internet sites including:
La Capital [Rosario]. 2000-2001.
Clarín [Buenos Aires]. 1999-2001.
ETS-SIDA.
Fundación Descida.
International Gay and Lesbian Human Rights Commission (IGLHRC)
International Lesbian and Gay Association (ILGA)
La Nación [Buenos Aires]. 1999-2001.
Pastoral del SIDA.
